ACIT, CHENNAI V. Estegi Hotels Pvt Ltd., CHENNAI

ITA 1922/CHNY/2015

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 8230 (ITAT-CHENNAI)
• Duration Of Justice: 4 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-01-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 31-12-2015
• Assessment Year: 2007-2008
• Appeal Filed On: 31-08-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A B KOLI IRS
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, CHENNAI , . , ! ' BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SHRI G. PAVAN KUMAR, JUDICIAL MEMBER ./ I.T.A.NO.1922/MDS/2015 ! # $# / ASSESSMENT YEAR : 2007-2008. THE ASSISTANT COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE 2(1) CHENNAI 600 034. VS. M/S. ESTEGI HOTELS PVT. LTD, 472 (OLD 281), MINT STREET, CHENNAI 600 003. [PAN AAACE 0804B ] ( / APPELLANT) ( /RESPONDENT) %& ' ( / APPELLANT BY : SHRI. A.B. KOLI, IRS, JCIT. )*%& ' ( /RESPONDENT BY : NONE ' + / DATE OF HEARING : 31-12-2015 ,-$ ' + / DATE OF PRONOUNCEMENT : 06-01-2016 / O R D E R PER G. PAVAN KUMAR, JUDICIAL MEMBER : THE APPEAL FILED BY THE REVENUE IS DIRECTED AGAI NST ORDER OF COMMISSIONER OF INCOME-TAX (APPEALS)-6, CHENNAI IN ITA NO.131/CIT(A)-6/2011-12, DATED 06.03.2015 FOR THE A SSESSMENT YEAR 2007-2008 PASSED U/S.143(3) R.W.S.147 AND 250 OF TH E INCOME TAX ACT, 1961. 2. REVENUE RAISED GROUND AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS) DELETING THE ADDITION OF PROPO RTIONATE INTEREST EXPENDITURE OF THE ASSESSEE. ITA NO.1922/MDS/2015. :- 2 -: 3. NONE APPEARED FOR THE ASSESSEE. WE HAVE TAKEN UP THE CASE TO DECIDE ON MERITS AFTER HEARING THE LD. DEPARTMEN TAL REPRESENTATIVE. AS SEEN FROM THE ORDER OF LOWER AUTHORITIES, THE TA X EFFECT IN THIS APPEAL IS <5,53,652/- WHICH IS LESS THAN MONETARY L IMIT OF < 10,00,000/- FIXED BY THE CBDT TO FILE AN APPEAL BY THE REVENUE BEFORE THE TRIBUNAL AS PER THE CBDT CIRCULAR NO.21/ 2015, DATED 10 TH DECEMBER, 2015. BEING SO, THE REVENUE AUTHORITIES ARE PRECLUDED FROM FILING THE APPEAL BEFORE THE TRIBUNAL, AS THE TAX EFFECT IS LESS THAN <10,00,000/- IN THIS APPEAL. ACCORDINGLY, THIS AP PEAL IS DISMISSED AS NON-ADMITTED. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IN ITA NO.1922/MDS/2015 IS DISMISSED. ORDER PRONOUNCED ON WEDNESDAY, THE 6TH DAY OF JANUARY, 2016, AT CHENNAI. SD/- SD/- ( ) (CHANDRA POOJARI) / ACCOUNTANT MEMBER ( . ) (G. PAVAN KUMAR) /JUDICIAL MEMBER / CHENNAI . / DATED:06.01.2016 KV / ' )!+12 32$+ / COPY TO: 1. %& / APPELLANT 3. 4+ () / CIT(A) 5. 278 )!+! / DR 2. )*%& / RESPONDENT 4. 4+ / CIT 6. 89# : / GF